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Wednesday, 3 October 2023

Special educational needs: changing a statement

As part of an annual review, your local authority decides whether it should make changes to your child's statement of special educational needs (SEN). Your local authority must check your child's progress and make sure that the statement continues to meet their needs.

Making changes to a statement

If you have had a review of your child's statement, your local authority will write to you, your child's school and the professionals involved in the review. They will let you know about any changes they want to make and will ask you for your views. You will always be asked what you think before any changes are made.

Why changes may be made

As an example, changes may be made if:

  • your child's needs have changed a lot
  • the local authority decide that different kinds of extra help are necessary
  • your child has to move to a different school

Once you've heard from your local authority, you have up to 15 days to ask for a meeting to discuss the changes it wants to make. The local authority must tell you its final decision and any changes it has made within eight weeks of suggesting a change.

If the changes are to part four of the statement (changing the name of the school), you have the same rights to choose a school as you had when the statement was made.

You also have the right to ask the local authority to change the name of the school in your child's statement, if it is at least 12 months since you asked for a change or since the statement was made or changed.

When your child is in the last year at their school before going to another school - say, when they are moving from primary to secondary school - the recommendations of the last annual review before the transfer are important in helping you and the local authority decide the school your child should go to. The local authority must change part four of the statement by 15 February in the year your child is due to change schools.

If you disagree with the local authority's changes

If you disagree with the changes to the statement you have the same rights as when the statement was first made. Your local authority should tell you about the local arrangements for resolving disagreements and your right to appeal to the Special Educational Needs and Disability Tribunal.

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